Polk County Enterprise (Livingston, Tex.), Vol. 107, No. 56, Ed. 1 Thursday, July 13, 1989 Page: 1 of 38
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ENTERPRISE
Volume 107 Number 56
•The Dominant News and Advertising Source in PolKjCounty
UPSP 437-340 Price: 25 cents
Old debt still headache
Hospital future
■a
looking brighter
FRESH PAINT - Tommy Pugliese (left) is armed with a removes a plywood stencil and Darren Baldwin prepares to
bucket of tiny glass beads which are tossed on wet paint to hit the rest of a railroad crossing warning on West Church
make it highly reflective to headlights, as Gary Hodges Street with a fresh coat of paint.
LIVINGSTON - Polk County
Memorial Hospital is actually taking
in more money than it is paying out.
A brighter financial picture was
reflected in a hospital budget ap-
proved by commissioners Monday.
The hospital began a new fiscal
year July 1.
County taxpayers will be con-
tributing a total $250,000 toward the
hospital and ambulance operations
during the new fiscal year, down
considerably from previous figures.
The county has put an estimated
$700,000 into hospital operations
since it took over the hospital July 1,
1988, said Hospital Administrator
James Molsbee. The county’s 1989
budget includes $275,000 in funding
for the hospital and ambulance, ac-
cording to County Auditor Dianne
Bass.
The new budget shows hospital ex-
penditures totaling $4.6 million in
1989-90. Projected revenue totals
over $6.1 million, but bad debts and
Medicare adjustments whittle $1.35
million from that total. Even with
that, the hospital is projected to end
the year with a $233,757 surplus.
The word “surplus” is deceiving
in that every extra dollar the
hospital can spare is going toward
what remains of accounts payable
left when HealthStar Corp. bowed
out of its lease of the hospital a year
ago. Polk County assumed control of
the hospital on July 1,1988.
Indians seeking return of funds from state
LIVINGSTON - A press con-
ference was held at the Alabama-
Coushatta Indian Reservation Tues-
day to inform the media and public
and try to gain support concerning a
problem the tribe is currently hav-
ing with the state.
The Alabama-Coushatta Indian
Tribes of Texas, in their strive for
self-determination, successfully
completed negotiations for oil and
gas exploration and production on
their reservation, a spokesperson
for the reservation said.
The revenues afforded the tribe
from these efforts, according to
state requirements, were placed in a
mineral fund to be held in trust for
the tribe by the state of Texas. Cur-
rently, this fund totals over $200,000.
On Aug. 18,1987, federal recogni-
tion was restored to the Alabama-
Coushatta Indian Tribe. By July of
1988, the tribe had provided the state
all resolutions and documentation
necessary to affect a transfer from
state to federal jurisdiction.
In November of 1988, a meeting
was held in Austin which included
representatives from the Texas In-
dian Commission, Governor’s office,
Bureau of Indian Affairs and the
tribe. During the meeting the
representatives from the Governor’s
office explained the state’s desire to
transfer all real estate, property and
Penry retrial ahead;
Pried to prosecute
LIVINGSTON - Former Polk
County district attorney Joe Price
will be the lead prosecutor during
the retrial of convicted killer Johnny
Paul Penry when the case re-enters
the Texas court system later this
year.
Polk County District Attorney
Terry Brown announced Monday
that Price, the man who successfully
prosecuted the former mental pa-
tient in 1980, has agreed to take on
the retrial duties.
Price, the DA for the 258th
Judicial District, currently serves
Trinity and San Jacinto counties.
Until 1987, his office shared respon-
sibility for prosecuting Polk County
cases with the Conroe-based Ninth
District Attorney’s office.
“Joe is a very experienced pro-
secutor who is totally familiar with
this case,” Brown said Monday. “He
has agreed to take the lead in retry-
ing Penry and I will assist.”
Brown said he met with Price last
week to review the evidence in the
case.
“Hie witnesses are still there and
the evidence is still there,” he add-
ed. “There will be a second trial.”
Although Brown estimates the
cost of a new trial at about $500,000 -
well above his budget for the year -
he has said that he plans to
disregard the price tag in an effort to
see that “justice is done”.
Brown and other Polk County of-
ficials are currently seeking finan-
cial help from the state and hope to
get special legislation to that effect
introduced during the current
special session of the legislature.
“I don’t know how successful
we’re going to be but we are still try-
ing,” he said.
Penry, 33, was convicted of capital
murder of the brutal, rape-murder
of Livingston housewife Pamela
Moseley Carpenter, 22. Carpenter
was assaulted in her home on Oct.
25,1979 where she was beaten, raped
and then stabbed once in the chest
with a pair of scissors she had been
using to cut out Halloween decora-
tions.
During the original trial, which
was moved from Livingston to
Groveton, evidence was introduced
that Penry was mildly to moderately
retarded and had a mental age of a 7
year old. However, the jury rejected
defense arguments that Penry
should be found innocent by reason
of insanity and on April 1, 1980 con-
victed him of capital murder.
The following day, the jury
deliberated only 31 minutes before
giving Penry the death penalty.
In a landmark decision last
month, the U.S. Supreme Court
overturned the sentence, stating in a
5-4 ruling that Texas law did not
allow the jury to fully consider
Penry’s retardation as mitigating
evidence.
Although the high court rejected
Penry’s argument that it was un-
constitutional to execute the retard-
ed, they ruled that when considering
punishment, juries must be given
special instructions concerning the
retardation issue.
Brown said it will take several
weeks for the Supreme Court’s for-
mal order to work its way down to
the Texas court system. He
speculated it might be August or
September before proceedings
against Penry could begin again and
said the earliest possible new trial
date probably would fall in October
or November.
The Polk County prosecutor added
that the change of venue order mov-
ing the case to Trinity County would
still be in effect. While he expects
defense attorneys to ask that the
trial be moved elsewhere, the first
hearings leading to the retrial will
take place in Groveton.
funds in one executive order signed
by the governor.
It was agreed by all that,
realistically, it would take six mon-
ths to a year or more to complete a
transfer of the title of the reserva-
tion from state to federal govern-
ment.
Therefore, it was stated that if the
transfer could not be completed in
one executive order by December of
19(18, there would be no objection to
transferring the mineral fund first
and completing the rest later.
Today, the tribe’s money is still in
the mineral fund being held by the
state and awaiting an executive
order from Governor Clements. The
state is earning interest on the funds
and has flatly stated that when they
do transfer the funds, they will not
pay the interest earned, Frances
Battise, spokesperson for the pro-
ject, said.
Because of this inability to access
the money in the mineral fund, the
tribe had to borrow funds during the
last year to meet payroll.
“Hie mineral fund was con-
fiscated by the attorney general
when the controversy started bet-
ween the tribe and the state,” Bat-
tise said.
“The proceeds from the monies
crane from our land and we feel like
we should have it to use for our tribal
members,” she said.
Over the past six months the tribal
administrator and finance officer
for the tribe have made over 50
phone calls to the Governor’s office,
written letters to state and U.S.
senators and representatives, met
with numerous officials and all ef-
forts have failed to see results.
“The state officials treated us
very rudely,” Battise said. “They
told us that this $200,000 was a mere
drop in the bucket compared to the
$40 plus million in the state budget.
“It’s something to us though. We
Onalaska
to get grant
ONALASKA - During a regular
meeting of the Onalaska City Coun-
cil Tuesday, Mayor Robert C. Good-
son announced he has received word
from the Texas Community
Development Program that a
$249,545 grant has been awarded to
the city of Onalaska for street
repairs. Goodson said the city will be
responsible for approximately
$24,000 of this amount.
Approximately 60 citizens attend-
ed the meeting to see to follow up on
the controversy surrounding the
Onalaska Police Department which
was brought up at the June 20
meeting.
See COUNCIL pg. 6A
don’t have the money and we need
it,” Battise said.
“It doesn’t require deeds,” Battise
said. “All they have to do is transfer
the funds from state to federal.”
Battise said the tribe’s next step
will probably be to stage a sit-in at
the Governor’s office.
“We’ve always had good relations
with the state in the past,” Battise
said. “We don’t know why this is
happening now.”
May be largest in state
Rodeo biggest ever!
LIVINGSTON - “This was the largest rodeo we’ve ever had,”
Rodeo Secretary Rhonda Barton said of the 29th annual Polk County
Youth Rodeo held July 4-8 in the Barney Wiggins arena.
“It will probably be the largest rodeo in Texas this year. At least
that’s what all the contestants have said,” Barton added.
Although the rodeo has only lasted four nights in the past before ad-
ding a fifth night this year, Barton said that in the future it will con-
tinue to last five nights. “It’s just too large to try to have it in four
nights,” she said.
This year’s total cash pay out was $12,898.01, Barton said. In addi-
tion, a two-horse trailer was awarded to all-around champion Micki
Gresham of Nacogdoches.
Saddles were awarded to the all-around champion in each division.
Leann Kay of Joaquin won the junior girl division while Gresham won
the senior girl division. Chance Tinney of Winnesboro won the junior
boy division and Marty Lindner of Giddings won the senior boy divi-
sion.
Twenty-two gold and silver trophy buckles were awarded to the
following winners of each event: bareback, Jarred Dreher; junior
boys tiedown, Cody Little; senior boys tiedown, Shawn Pierce; steer
riding, Trey Fisher; senior barrels, Michelle Piersol; junior barrels,
Shonda Hogan; chute dogging, Trey Key; junior ribbons, Justin
Maass/Angie Bradford; senior ribbons, Clif Marler/Molly Linscott;
senior goats, Krista Jefferies; junior goats, Caryn Standifer; senior
poles, Micki Gresham; junior poles, Leann Kay; girls breakaway,
Micki Gresham; boys breakaway, Roy Blum; girls straightaway,
Ceslie Burton; boys straightaway, Brady George; bull riding, Edward
LeFleur; and team roping, Clyde Kahla and Cliff Williamson*
Following are the names of the top finishers and their winnings in
the 29th annual Polk County Youth Rodeo, held July 4-8 in Barney Wig-
gins arena. “First go” winnings represent runs made on Tuesday,
Wednesday, Thursday and Friday nights, with the “average” score in-
cluding runs made during Saturday night’s finals.
FIRST GO . ' AVERAGE
Bareback fUdiai
1. Jarrod Dreher, Bedias, $11.71 Jarrod Dreher, Bedlaa, $*.14
2. Drew Dotson, Buna, $14.07 - RandeU Thornton, Midway, $21.10
3. Bobby Don Lewis, Pasadena, $9.39 Bobby Don Lewis, Pasadena, $14.07
4. RandeU Thornton, Midway, $4.69 Drew Dotson, Buna, $7.04
Junior Tiedown
1. Cy Griffon, Eldorado, $72.90 Cody Little, New Waverly, $109 90
2. Casey McCardle, Lake Charles, La., $54.45 Chance Tinney, Winnesboro, $91.00
3. Chance Tinney, Winnesboro, $36.30 Cy Griffen, Eldorado, $64.46
4. Cody Little, New Waverly, $16.15 Casey McCarde, Lake Charles, La., $27.22
Sealer lledewa
Shawn Pierce, Lorena, $244.20
Joah Wilson, Paria, $193.15
Rodney Holder, Part Nechaa, $12210
Marty Lindner, GkkUnfa, $91.05
1. Ras Cade, Chandler, $162.60
2. Shawn Morgan, Nederland, $122.10
3. Shawn Pierce, Lorena, $91.40
4. Rodney Holder, Port Neches, $40.70
Steer Rkling
1. Matt Hughea, Corrigan, $54.45
2. JesseByler, ChappelhUl, $04.45
3. Trey Fisher, MadisonvUle, $36.30
4. Clyde Kahla, Winnie, $16.10
flawlnr r4avaelaaf
BflHR VsQVmCII (
1. Kippi KuykendaU. VaUey Spring, $116.90 Michelle Piersol, Willis, $174.90
2. Amy Havard, Huntington, $97.45 ScheUl Walla, Stephanville, $131.15
3. Mitzi Mayes, Manor, $56.30 Carol Reding. Normangee, $97.45
4. Schelli Walls, StephenvUle, $29.15 Mitai Mayes, Manor, $43.72
See WINNERS pg.lA
Trey Fisher, MadisonvUle, $299.90
Matt Hughes, Corrigan, $99.07
JeaseByter, ChappelhUl, $99.67
Clyde Kahla, Winnie, 27.21
Molsbee said the hospital still
owes roughly $500,000 in accounts
payable, indirectly related to
HealthStar, that are not reflected in
the budget.
“We’re trying to work with them
(the companies that are still owed
money),” the administrator said.
Citing an example, he said the
hospital originally owed the com-
pany which supplies its X-ray film
$15-$16,000. The company offers a
discount for cash, so Polk County
Memorial started paying cash on
delivery for film and applying the
discount to the debt owed. The debt
has now been reduced to approx-
imately $8,000, he said.
HealthStar had been overpaid
$160,000 by Medicare, which the
county-owned hospital is having to
repay. Another $150,000 was owed to
Allied Pharmacy, which operated
the pharmacy at the local hospital
until shortly after Molsbee’s arrival.
The hospital now owns and
operates its own pharmacy. The
pharmacy is always one of the best
revenue sources, Molsbee explain-
ed. Expenditures for the pharmacy
are budgeted at $327,743, but it is ex-
pected to generate over $1.1 million
in revenue in 1989-90, money which
previously went to Allied.
Lab work is also projected to
generate over $1 million.
“Our in-patient is still not as high
as we'd like it,” Molsbee said, but
outpatient services are increasing
and are adding to hospital revenue.
Medicare policies are helping boost
out-patient services because there
are expenses Medicare will cover
for out-patient treatment that it will
not cover if the patient is admitted
into the hospital, Molsbee explained.
He cited out-patient eye surgery as
an example.
The ambulance budget, 40 percent
of which consists of emergency
room nursing costs, totals $388,297,
with revenues projected to reach
$440,000, according to the new
budget.
While juggling the outstanding
debt has been a headache, Molsbee
is optimistic concerning the actual
hospital and ambulance operations.
“If we had not had the mess that we
had with HealthStar, we’d be in
great shape.”
In reviewing the budget, County
Judge Wayne Baker reminded those
present that when the Livingston
and Corrigan hospital districts were
dissolved last year, the 3-cent
hospital district tax was also
abolished. That 3 cents was, in ef-
fect, added to the county tax rate to
offset hospital expenses. “People
were paying it then and they’re pay-
ing it now.”
See COUNTY pg.2A
torm aid
proved
LIVINGSTON - Precinct 2 Com-
missioner Bobby Smith had some
good news and some bad news for
fellow Commissioners Monday. The
good riews is the county will receive
approximately $250,000 in aid from
Federal Emergency Manage-
it Agency (FEMA) to help repair
roads and bridges damaged in
May’s heavy rains.
"The bad news is the money will
probably be slow in coming,” Smith
said.
Smith, who has been working with
FEMA to obtain the emergency fun-
ding, said it was determined the
storms caused $340,000 in damage to
roads and bridges in the four
precincts and that the county will
receive aid equaling about 75 per-
cent of the damage total.
Along with federal assistance
comes strict guidelines governing
the usage of the funds, Smith said.
“It doesn’t mean we’ll get than (the
roads) fixed overnight.” Not all the
assistance will crane in the form of
cash, but Smith said the total aid
does equal what would be generated
by 2% cents on the tax rate.
Precinct 3 Commissioner James
J. “Buddy” Purvis and Precinct 4
Commissioner Paul Harrell said
there are roads in their precincts
which are just now falling in after
having been undermined by heavy
rains. Coming on the heels of May’s
the remains of Tropical
storms were th<
Storm Allison.
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 107, No. 56, Ed. 1 Thursday, July 13, 1989, newspaper, July 13, 1989; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth810663/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Livingston Municipal Library.